EB-2 NIW USCIS Appeal Review – Surgical Technologist Specialist – MAR092023_03B5203

Date of Decision: March 9, 2023

Service Center: Nebraska Service Center

Form Type: Form I-140

Case Type: EB-2 National Interest Waiver (NIW)

Field of Expertise: Medical and Healthcare

Petitioner Information

Profession: Surgical Technologist Specialist

Field: Medical and Healthcare

Nationality: [Not specified]

Summary of Decision

Initial Decision: Denied

Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:
Professional Qualification: The Petitioner provided a resume listing past employment positions and outlined duties and responsibilities, which aligns with her proposed endeavor in the medical field.

Criteria Not Met:
National Importance: The Petitioner did not submit sufficient evidence to demonstrate how her proposed endeavor will broadly affect the field of nursing as a whole.
Substantial Positive Economic Impact: The Petitioner did not establish how her specific proposed endeavor contributes to the economy, nor did she demonstrate substantial positive economic effects.

Key Points from the Decision

Proposed Endeavor

The Petitioner, a surgical technologist specialist, aims to continue her career in the medical and healthcare field as a nurse, focusing on providing services to doctors and physicians before, during, and after surgery. She also intends to devote time to educate and prepare more professionals to work in her field of expertise.

Substantial Merit and National Importance:
While the Petitioner’s endeavor is acknowledged to be important within the healthcare sector, the Director concluded that it does not have the broader impact necessary to meet the national importance criterion. The evidence provided did not establish that her work would extend beyond her immediate patients and employers to have a national impact.

Supporting Evidence:
The Petitioner submitted a personal statement, recommendation letters, industry articles and reports, and an advisory opinion from a professor at a medical institute. However, these documents emphasized the importance of nursing in general rather than demonstrating the specific national importance of her proposed endeavor.

Inconsistencies in Proposed Endeavor

The Petitioner provided general industry articles and reports demonstrating the importance of nursing and the existing shortage of healthcare workers, exacerbated by the COVID-19 pandemic. However, these did not directly relate to her specific proposed endeavor or demonstrate its national importance.

Supporting Documentation

Letters of Intent:
Not applicable.

Business Plan:
Not applicable.

Advisory Letter:
The advisory opinion letter discussed healthcare industry statistics and the national shortage of healthcare workers, but it did not specifically address how the Petitioner’s endeavor would have a national impact.

Any other supporting documentation:
The Petitioner included articles and reports about the nursing industry and its importance, but these did not directly support the national importance of her specific proposed work.

Conclusion

Final Determination: The appeal was dismissed due to the Petitioner not meeting the national importance criteria under the Dhanasar framework.

Reasoning:
The Petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor would have significant national or regional implications. The documentation focused more on the general importance of nursing rather than the specific impact of her proposed work.

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